Transfer Granting Easement
This page aims to help you complete an electronic Transfer Granting Easement dealing form. This form is used to create an easement where both the land burdened by the easement (the servient tenement) and the land benefitted by the easement (the dominant tenement) are both Torrens Title land.
Where there is no dominant tenement, please see Transfer Granting Easement in Gross.
Where an easement is to be created and the dominant tenement and servient tenement are owned by the same registered proprietor please see Transfer Granting Easement etc Over Own Land.
Where the dominant tenement is a registered lease, Crown land or land that has not been brought under the provisions of the Real Property Act 1900 (e.g. Old System land), this dealing form must be lodged as a Dealing with Exception.
Refer to the following for:
NOTE: Where a writ is noted on title, this dealing form must be lodged as a Dealing with Exception, unless the judgment creditor consents to the Transfer Granting Easement or the writ is removed.
NOTE: Both transferor and transferee must be represented in the workspace for this dealing form.
Subscriber requirements
Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:
- verify their Client’s identity
- establish their Client’s right to deal with the land
- have a properly completed and executed Client Authorisation form and
- retain evidence that supports the dealing (see Supporting Evidence below).
The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement.
For more information on these requirements see:
Residual Documents
Guide to complete
Legislation – section 46 Real Property Act 1900.
Stamp Duty – Required where monetary consideration is paid. Select Transfer Granting Easement (with Stamp Duty).
Not required where no monetary consideration is paid. Transfer Granting Easement (without Stamp Duty) can be selected for a transaction creating an easement without monetary consideration.
NOTE: For consideration of any amount more than $0.00, a duty assessment is required and a Transfer Granting Easement (with Stamp Duty) must be lodged.
Notice of Sale – not required.
Standard Form of Caveat – a caveat noted on the servient tenement will prevent the recording of a Transfer Granting Easement. A caveat will not prevent registration if noted on the dominant tenement.
Priority Notice Noted on the Register - see Priority Notice page for more information.
The following headings refer to the data fields which must be completed in order to lodge an electronic Transfer Granting Easement dealing form.
Land Title
Enter the land title reference(s) for the servient tenement.
Participant Details
Party Details – Party Name
Select the registered proprietor of the servient tenement.
Enter the registered proprietor of the dominant tenement.
Document
Create Document – Select Other Documents
Select either:
- Transfer Granting Easement (with Stamp Duty) where stamp duty is payable or
- Transfer Granting Easement (without Stamp Duty) where no stamp duty is payable.
Transferor
Select the registered proprietor of the servient tenement.
Transferee
Select the registered proprietor of the dominant tenement.
Consideration (optional)
Where stamp duty is payable, enter the consideration amount.
Date of Easement (optional)
Enter the date of easement.
Servient Tenement
Enter the servient tenement.
Dominant Tenement
Enter the dominant tenement.
Description of Easement
Enter the description of the easement:
- state the type of easement and
- state how the easement site is described/designated in the plan showing the site and
- make reference to the plan showing the site, (i.e. 'DP...' or 'plan annexed to dealing) and
- refer to any annexure setting out the terms and conditions related to the easement.
Attachment
Attachment Type – Terms and Conditions (optional)
Attach the terms and conditions of the easement. The terms are required if the easement type is not a statutory easement as defined in Schedule 8 Conveyancing Act 1919.
Attachment Type – Plan (optional)
Attach a plan where the description of the easement is reliant on a plan annexed. The plan must comply with compiled plan guidelines and Schedule 3 of the Lodgment Rules.
If these requirements cannot be met, a full plan of survey must be lodged to define the easement site.
NOTE: An extra fee is payable where the dealing is reliant on a plan annexed.
Attachment Type – Approved Forms
Where the registered proprietor is the owners corporation of a strata scheme, the following certificates are required:
- strata schemes Approved Form 14 where the owners corporation benefits from the dealing or
- strata schemes Approved Form 13 where the owners corporation is burdened by the dealing and
- strata schemes Approved Form 10 where the initial period is not shown as expired on the common property title.
Execution of the certificates must take the form as set out in strata schemes Approved Form 23.
Where the transferor or transferee is the association of a community, precinct or neighbourhood scheme, a certificate in the form of Approved Form 21 is required. Execution of the certificate must take the form as set out in community title schemes Approved Form 18 .
If the Easement being created benefits association property or the whole of a community parcel then an ordinary resolution and a certificate as in Community Title Schemes in Approved Form 40 is required.
Attachment Type – Caveator’s Consent
Attach a caveator’s consent if required.
Attachment Type – Supporting Evidence
The written consent of a registered lessee or mortgagee affecting the servient tenement is required to be attached.
Minister's consent is required to be attached where:
- a Crown land restriction pursuant to section 102 Crown Lands Act 1989 or Part 5 Crown Land Management Act 2016 is noted on the servient tenement title or
- the easement burdens the land in a Crown land perpetual lease and the land is dedicated as State Forest, see section 34 Forestry Act 2012.
Where there is a writ recorded on the title, and the consent of the judgment creditor for this Transfer has been obtained, the consent is required to be attached.
In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.
It is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.
All NSW legislation can be accessed at www.legislation.nsw.gov.au
Publication Date: August 2024